People v. Smith CA1/1

Filed 2/28/24 P. v. Smith CA1/1 Opinion following rehearing

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A166175

v. JOSEPH A. SMITH, (San Francisco City & County Super. Ct. No. 12025705) Defendant and Appellant.

MEMORANDUM OPINION1

Defendant appeals from his resentencing on a Penal Code2 section 1172.6 petition. After the parties stipulated to vacate defendant’s voluntary manslaughter conviction, the trial court redesignated the conviction as one for shooting at an occupied vehicle and resentenced defendant. On appeal, defendant contends the trial court committed three errors: (1) it imposed an upper term sentence based on aggravating factors that had not been stipulated to by defendant, proven to a factfinder…